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EXPERIENCED DANGEROUS DRIVING LAWYERS IN TORONTO
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Defending Dangerous Driving Charges in Toronto
Strength. Strategy. Success. Every Case, Every Client.
Dangerous driving is a criminal offence that involves operating a motor vehicle in a manner that endangers the public. This can include excessive speeding, aggressive manoeuvres, or distracted driving that puts others at risk. A conviction can lead to jail time, a lengthy driving prohibition, and a permanent criminal record.
Even a momentary lapse of judgment can result in a dangerous driving charge — but that doesn’t mean you’re guilty. Many cases involve subjective police opinions, poor road conditions, or honest mistakes.
We have successfully reduced dangerous driving charges to careless driving, which is a traffic offence rather than a criminal one, and have had many charges dismissed entirely. Don’t face this alone — contact us right away to protect your licence and your record.
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What is Dangerous Driving?
Dangerous Driving occurs when the Crown alleges that a person operated a motor vehicle in a manner that was dangerous to the public, having regard to all the circumstances.
Courts look at factors such as:
- Speed and manner of driving
- Traffic volume and road conditions
- Weather, visibility, and time of day
- Presence of pedestrians, cyclists, or other vehicles
The legal test is whether the driving amounted to a marked departure from what a reasonable driver would have done in the same situation.
You do not need to cause a collision or injury to be charged. The alleged risk to public safety is enough.
Criminal Code Dangerous Driving
Dangerous operation
- 320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.
- Operation causing bodily harm
(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
- Operation causing death
(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.
How We Defend Dangerous Driving Charges in Toronto
Our defence begins with a detailed review of the circumstances and the evidence relied on by police. In many cases, dangerous driving charges arise after accidents, emotional scenes, or assumptions made in hindsight. We work to separate speculation from proof and to ensure that our client is not unfairly criminalized for conduct that may amount to careless or negligent driving rather than a criminal offence.
Our dangerous driving defence strategies may include:
- Challenging whether the driving truly amounted to a marked departure from reasonable driving standards
- Examining road, weather, traffic, and visibility conditions that explain the driving behaviour
- Questioning police observations, accident reconstruction opinions, and assumptions
- Identifying mechanical issues, sudden hazards, or emergency situations
- Disputing causation where injuries or damage are alleged
- Raising Charter issues related to the stop, detention, or investigation
- Seeking withdrawal, reduction of charges, or resolution short of trial where appropriate
Dangerous driving charges carry serious consequences, but a strong, evidence-based defence can make a meaningful difference in protecting your freedom, licence, and future.
Types of Impaired Driving Charges Under Canadian Law
DUI / Impaired Driving
An impaired driving charge requires the Crown to prove that a driver’s ability to operate a motor vehicle was negatively affected by alcohol or drugs. The court looks at how the driver functioned, including coordination, judgment, and overall control of the vehicle. Evidence may include observations of poor driving such as swerving, crossing lanes, or involvement in a collision. Police may also rely on physical signs like slurred speech, unsteadiness, bloodshot eyes, delayed responses, or the smell of alcohol.
Over 80
The offence commonly known as “over 80” applies when a driver’s blood alcohol concentration exceeds the legal limit, regardless of whether their driving appeared impaired. The Crown only needs to prove that the driver’s alcohol level was above 80 milligrams of alcohol per 100 millilitres of blood. This is typically established through breath samples analyzed by an approved testing device. In limited circumstances, police may demand a blood sample, but only when a breath sample cannot reasonably be obtained due to medical or practical reasons.
Refusing a Breath Sample
Refusing to provide a breath sample after a lawful police demand is a criminal offence in Canada. This applies to roadside screening devices as well as approved breath testing instruments at the police station. A refusal is treated as seriously as impaired driving or driving over the legal limit and can result in a criminal record, mandatory driving prohibitions, licence suspension, and significant insurance consequences. In some cases, an individual may face both refusal and impaired driving charges arising from the same incident.
Dangerous Driving
Dangerous driving is a criminal offence that involves operating a motor vehicle in a manner that endangers the public. This can include excessive speeding, aggressive manoeuvres, or distracted driving that puts others at risk. A conviction can lead to jail time, a lengthy driving prohibition, and a permanent criminal record. We have successfully reduced dangerous driving charges to careless driving, which is a traffic offence rather than a criminal one, and have had many charges dismissed entirely.
Failing to Stop
Failing to stop after an accident — often called “hit and run” — is a criminal offence in Canada. The law requires every driver involved in a collision to stop, provide their information, and offer assistance if someone is injured. Failing to do so can result in jail time, a criminal record, and a licence suspension, even if the damage or injury seems minor. Our team has successfully defended clients by proving lack of intent, insufficient evidence, and police procedural errors.
Care & Control
Care and control is a criminal driving offence that can apply even when a person is not actively driving. An individual who is impaired or over the legal alcohol limit may be charged if they are found in or around a vehicle and there is a realistic risk it could be put into motion. Sitting in the driver’s seat creates a legal presumption of care and control under the Criminal Code. A conviction may occur unless the individual can prove they had no intention or ability to operate the vehicle.
FAQS About Dangerous Driving Charges
Dangerous driving occurs when a person operates a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including road conditions, traffic, and how the vehicle was driven.
No. A person can be charged even if no collision, injury, or property damage occurred. The offence focuses on the manner of driving, not the outcome.
Careless driving is a provincial offence, while dangerous driving is a Criminal Code offence. Dangerous driving involves a much higher legal standard and carries significantly more serious penalties.
Penalties may include a criminal record, fines, probation, driving prohibitions, and possible jail time. Harsher penalties apply if the offence caused bodily harm or death.
Defences may include challenging police observations, road or weather conditions, vehicle malfunction, or whether the driving actually met the criminal threshold for being “dangerous.”
No. The Crown only needs to allege that the manner of driving was dangerous to the public.
Yes. Dangerous Driving is often laid alongside impaired driving, Over 80, or refusal charges, but it is a separate offence with a different legal test.
No, jail is possible, especially in serious cases, but outcomes depend on the facts, the client’s record, and how the case is defended.
Yes. The Crown must prove a marked departure from reasonable driving, not just negligence or momentary inattention.
